Automobile Negligence Jury Awards Minimal Damages
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Posted by
Karl TrumanFebruary 24, 2009 5:34 PMTags:
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We always hear about the big verdicts, but many juries award very little, if any, damages even in clear liablity accidents.
In Terre Haute, Indiana, a plaintiff prevailed in a failure-to-yield crash case, but was awarded less than his claimed medical expenses. The plaintiff claimed a right rotator cuff tear and had arthroscopic surgery and lost wages. The defense hired their own doctor who testified that the rotator cuff tear was not related to the crash, even though he only did a "records review" and never examined the plaintiff.
The jury found the defendant to be 100% at fault in the crash, but awarded damages of only $30,000.00, which was less than the medical bills.
Another jury in Lake County, Indiana found for an elderly woman who was rear-ended by another woman at a railroad crossing, but awarded her zero damages.
The media is quick to talk about "runaway verdicts" but the reality is that many plaintiffs do not recover much, if at all.
Karl Truman